Bill Text: MI HB4026 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Fire; other; fees for fire inspection services; allow. Amends sec. 2c of 1941 PA 207 (MCL 29.2c).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-04-21 - Referred To Committee On Appropriations [HB4026 Detail]
Download: Michigan-2009-HB4026-Engrossed.html
HB-4026, As Passed House, April 2, 2009
HOUSE BILL No. 4026
January 22, 2009, Introduced by Rep. Hammel and referred to the Committee on Appropriations.
A bill to amend 1941 PA 207, entitled
"Fire prevention code,"
by amending section 2c (MCL 29.2c), as amended by 2006 PA 189.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2c. (1) To implement and enforce this act, the bureau may
charge
hospitals operation and maintenance inspection fees and may
charge
hospitals and schools plan review and construction
inspection
fees as provided in this section. The
state fire
services fund is created in the state treasury. The state treasurer
shall be the custodian of the fund and may invest the surplus of
the fund in investments as, in the state treasurer's judgment, are
in the best interests of the fund. Money in the fund at the close
of each fiscal year shall remain in the fund and shall not lapse to
the general fund. The state fire marshal shall supervise and
administer the fund. The department shall be the administrator of
the fund for auditing purposes. Fees received by the bureau and
money collected under this act shall be deposited in the fund and
shall be appropriated by the legislature to the department for the
operation of the bureau, including indirect overhead expenses.
(2)
Fees charged under subsection (1) shall be deposited in
the
general fund in a restricted account. The fees collected under
this
act and placed in the restricted account shall be used only to
fund
the services for which the fees were collected and shall
remain
in the restricted account at the end of the fiscal year.
Until 5 years after the effective date of the amendatory act that
added this sentence, the state fire marshal, after notifying the
chairperson of the house and senate appropriations committee of his
or her intent to establish the fees and after approval of the board
and following a public hearing held by the board, shall establish
reasonable fees to be charged by the bureau for acts and services
performed by the bureau including, but not limited to, inspections,
review of plans and specifications, issuance of certificates of
acceptability, testing and evaluation of new products, methods and
processes of construction or alteration, inspection of construction
and alteration, inspection of construction undertaken pursuant to a
permit, the issuance of certificates of use and occupancy, and the
hearing of appeals. The fees shall bear a direct relationship to
the cost of the service or act, including overhead. The state
treasurer shall notify the state fire marshal and the legislature
of interest credited and the balance of the fund as of September 30
of each year.
(3)
The fees charged under this section shall be established
in
a fee schedule contained in each fiscal year's appropriations
act
for the department. Within 30
days after the setting of fees
under subsection (2), the state fire marshal shall report to the
legislature on the following:
(a) The factors considered in the fee changes including, but
not limited to, the increase in the nature and cost of the services
and the presence, absence, or change of any state or federal
mandates related to the services.
(b) Specific cost increases, if any, related to specific
services and the method of determining that increased cost.
(c) The individuals with direct knowledge of the fee changes
that are available to answer questions regarding those changes.
